Probitas Funds Group, LLC - s. 6.1(1) of MI 31-102 National Registration Database and s. 6.1 of OSC Rule 13-502 Fees
Headnote
International dealer exempted from the electronic funds transfer requirement pursuant to subsection 6.1(1) of Multilateral Instrument 31-102 National Registration Database and activity fee contemplated under section 4.1 of Ontario Securities Commission Rule 13-502 Fees waived in respect of this discretionary relief, subject to certain conditions.
Rules Cited
Multilateral Instrument 31-102 National Registration Database (2003) 26 OSCB 926, s. 6.1.
Ontario Securities Commission Rule 13-502 Fees (2003) 26 OSCB 867, ss. 4.1, 6.1.
October 6, 2006
IN THE MATTER OF
THE SECURITIES ACT,
R.S.O. 1990, CHAPTER S.5, AS AMENDED
(the Act)
AND
IN THE MATTER OF
PROBITAS FUNDS GROUP, LLC
DECISION
(Subsection 6.1(1) of Multilateral Instrument 31-102
National Registration Database and section 6.1 of
Rule 13-502 Fees)
UPON the Director having received the application of Probitas Funds Group, LLC (the Applicant) for an order pursuant to subsection 6.1(1) of Multilateral Instrument 31-102 National Registration Database (MI 31-102) granting the Applicant relief from the electronic funds transfer requirement contemplated under MI 31-102 and for relief from the activity fee requirement contemplated under section 4.1 of Ontario Securities Commission Rule 13-502 Fees (Rule 13-502) in respect of this discretionary relief;
AND UPON considering the application and the recommendation of the staff of the Ontario Securities Commission (the Commission);
AND UPON the Applicant having represented to the Director as follows:
1. The Applicant was incorporated under the laws of the State of Delaware in the United States of America. The Applicant is not a reporting issuer in any province or territory in Canada. The Applicant is seeking registration under the Act as an international dealer. The registered office of the Applicant is located in California.
2. MI 31-102 requires that all registrants in Canada enrol with CDS Inc. and use the national registration database (NRD) to complete certain registration filings. As part of the enrolment process, registrants are required to open an account with a member of the Canadian Payments Association from which fees may be paid with respect to NRD by electronic pre-authorized debit (electronic funds transfer requirement or the NRD Requirement).
3. Section 3.1 of Rule 13-502 requires that registrant firms pay participation fees. Section 4.3 of the Companion Policy to Rule 13-502 provides that registrant firms pay through NRD (the Participation Fee Requirement and collectively with the NRD Requirement, the EFT Requirement).
4. The Applicant has encountered difficulties in setting up its own Canadian based bank account for purposes of fulfilling the EFT Requirement.
5. The Applicant confirms that it is not registered in another category to which the EFT Requirement applies and that Ontario is the only jurisdiction in which it is seeking registration.
6. Staff of the Canadian Securities Administrators has indicated that, with respect to applications from international dealers for relief from the EFT Requirement, it is prepared to recommend waiving the fee normally required to accompany applications for discretionary relief (the Application Fee).
7. For Ontario registrants, the requirement for payment of the Application Fee is set out in section 4.1 of Rule 13-502.
AND UPON the Director being satisfied that to do so would not be prejudicial to the public interest;
IT IS THE DECISION of the Director, pursuant to subsection 6.1(1) of MI 31-102 that the Applicant is granted relief from the EFT Requirement for so long as the Applicant:
A. makes acceptable alternative arrangements with CDS for the payment of NRD fees and makes such payment within ten (10) business days of the date of the NRD filing or payment due date;
B. pays its participation fee under the Act to the Commission by cheque, draft, money order or other acceptable means at the time of filing its application for annual renewal, which shall be no later than the first day of December in each year;
C. pays any applicable activity fees, or other fees that the Act requires it to pay to the Commission, by cheque, draft, money order or other acceptable means at the appropriate time; and
D. is not registered in any Jurisdiction in another category to which the EFT Requirement applies;
PROVIDED THAT the Applicant submits a similar application in any other Canadian jurisdiction where it becomes registered as an international dealer or international adviser or in an equivalent registration category;
AND IT IS THE FURTHER DECISION of the Director, pursuant to section 6.1 of Rule 13-502, that the Application Fee will be waived in respect of the application for this Decision.
"David M. Gilkes"